When should you settle vs when should you go to trial?

When someone is injured in an accident, they may choose to pursue legal action against the person or party responsible for their injuries. One of the key decisions that an injured person must make during this process is whether to accept a settlement or go to trial.

A settlement is an agreement between the injured person and the party responsible for their injuries, in which the responsible party agrees to pay a certain amount of money to the injured person in exchange for the injured person releasing them from further liability. Settlements can be reached at any point during the legal process, even before a lawsuit is filed.

On the other hand, going to trial means that the injured person’s case will be heard in a court of law. This involves presenting evidence and arguments to a judge and/or jury, who will then decide the outcome of the case.

Going to trial might be the only chance at fair compensation

There are several factors that injured persons should consider when deciding whether to accept a settlement or go to trial. One of the most important factors is the strength of their case. If the evidence is clear and convincing, and liability is not in dispute, it may be easier and less risky to accept a settlement rather than going through the time, expense, and uncertainty of a trial.

Another factor to consider is the potential payout. Settlements often offer a guaranteed amount of money, whereas the outcome of a trial is uncertain. If the potential payout from a trial is much higher than the settlement offer, it may be worth the risk to go to trial.

In addition, the injured person should consider the emotional toll of a trial. Trials can be stressful and time-consuming, and may require the injured person to relive the traumatic events of their injury. Accepting a settlement may allow the injured person to move on and focus on their recovery more quickly.

Ultimately, the decision of whether to accept a settlement or go to trial is a personal one that depends on the specific circumstances of the case. It is important to consult with an experienced personal injury attorney who can help guide the injured person through the decision-making process and advocate for their best interests.

We went to trial and got our client a much-needed award

Recently we were able to successfully represent our client in trial. His case involved a knockdown in Brooklyn where the insurance company claimed that the client ran into the middle of the street and was not in the cross-walk, the outcome of the case can be heavily dependent on the evidence presented. Pedestrian knockdown cases can be particularly complicated, as there may be conflicting accounts of what happened and limited evidence available.

Our client needed to get a Lumbar Fusion because of this accident. This can be an expensive procedure. Beyond the financial aspect of the medical treatment, any sort of major surgery is emotionally and physically tolling. We take our backs for granted sometimes, and the recovery period for a surgery like this can involve prolonged periods without the ability to walk, sit, or do even the most basic type of work.

Ultimately, the decision of whether to accept a settlement or go to trial in this case will depend on the strength of the evidence and the potential award. Given the severity of our client’s injury, we considered pursuing the case to trial to ensure that the client received fair compensation for their losses, pain, and injuries.

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